Nominee Dispute in Semi-Government Job: Can a Divorced Wife Claim PF for Her Kids?

Respected Seniors, I seek your advice on the below-mentioned query:

Case of Nominee Dispute in a Semi-Government Organization

A person who was married twice dies of some disease. He was working with a semi-government organization. He nominated his elder son from his first wife for the job, and for the PF fund, his second wife was the nominee. Now, after his death, the first wife is claiming that she should also get half of the fund amount for the children's education, and the second wife doesn't want to. The second wife does not have children, but she needs the whole amount.

So, I want legal experts' advice on this - whether the first wife is also eligible to get the amount, even though she was divorced from that man, but she has two sons from him and the second wife is issueless. What should be the ideal solution for this?

Regards,
Roshni

Good Evening,

Respected Seniors, I seek your advice on the below-mentioned query:

Legal Advice Needed on Fund Distribution After Death

A person who was married twice died of some disease. He was working with a semi-government organization. He nominated his elder son from his first wife for the job, and for the PF fund, his second wife was the nominee. Now, after his death, the first wife is claiming that she should also get half of the fund amount for the children's education, but the second wife doesn't want to share. The second wife does not have children, but she needs the whole amount.

I want legal experts' advice on whether the first wife is also eligible to receive the amount even though she was divorced from the man, but she has two sons from him, and the second wife is childless. What should be the ideal solution for this?

Regards,
Roshni

Dear Mr. Prashant, thank you so much for the reply. Can this be the final solution? I want to know if the second wife claims a succession certificate and if the first wife objects or interferes, what will be the outcome? Please reply.

Mr. Prashant has rightly suggested that you obtain a Succession Certificate from the Competent Court. As for your apprehension about the second wife claiming a succession certificate and the first wife objecting or interfering, it has no meaning because once a Succession Certificate is issued, there is no scope for such disputes. The Succession Certificate is governed under the Indian Succession Act, 1925. It is a legal and powerful document where your involvement is zero. On the other hand, if you involve yourself in deciding such cases, you may land yourself in trouble as the aggrieved party will surely take you to court. Although almost all Social Security Acts or Schemes contain the definition of Family, there are variations that can confuse readers. Advising the affected parties to obtain a Succession Certificate is the ideal solution.

Regards,
BS Kalsi
Member since Aug 2011

PF Withdrawal and Succession Certificate

I would like to add that PF withdrawal is not considered ancestral property for which a Succession Certificate is required. Only the nomination of the PF account holder is sufficient in such cases. A Succession Certificate is necessary only when there is no nomination made.

Additionally, the first lady is already divorced, and she may have remarried. In such circumstances, she has no rights to the property of her ex-husband, especially if it is not ancestral. Divorce signifies a complete separation in all aspects, and there is no longer any connection between the two individuals.

If further assistance is needed, please refer to the Hindu Succession Act.

Regards